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5 Common Mistakes When Changing Status to F1
by Tim on May 31, 2024 11:11:59 AM
Many individuals who have lived, visited, or worked in the United States may wish to change of status to F1 through USCIS. H1B visa holders who have been laid off often choose to change to F1 to remain in the U.S. F2 and H4 visa holders might seek to gain financial independence through further education. However, the process of changing one's non-immigrant status within the U.S. can be complex and fraught with potential pitfalls. This article discusses 5 common mistakes to avoid when changing to F1 student status.
1. Misrepresenting Your Reason for Changing Status
It is important to remember that as an F1 student, your primary purpose is to study in the U.S. Thus, it is inappropriate to state any purposes other than studying when filing your petition for a change of status with USCIS. A misrepresentation of your reason for changing status can lead to a denial of your petition.
Here's how to avoid this mistake: In your explanation letter attached to the Form I-539, you need to emphasize your intention to advance your education in the U.S., instead of mentioning any desire to work or simply stay in the country. You can describe how your experience of living, visiting, or working in the U.S. motivates you to apply for schools in the country, but the focus should remain on your educational goals.
Read our guide on How to Write an Explanation Letter for H1B Status Change After Layoff
2. Expressing Your Immigrant Intent
F1 is a non-immigrant visa that does not allow for immigrant intents. Therefore, it is highly risky to state that you aim to remain in the U.S. after completing your studies. Expressing any intention to stay in the U.S. long-term can also lead to a denial of your case.
To avoid this mistake, you need to emphasize in your explanation letter that you will return to your home country after graduation. In this regard, you should present proof of your strong ties to your home country, such as family relationships, assets, and permanent properties there. Providing evidence of these binding connections to your home country will improve your chances of having your change of status case approved.
3. Working Illegally during Pending Period
Although you are allowed to remain in the U.S. during the pending period for your change of status, you are not legally permitted to work. If USCIS finds that you have engaged in any type of employment during this period, your current status will be terminated immediately, and it will leave a negative mark on your immigration record.
If you wish to work or intern right after obtaining your F1 status, it is a good idea to search for jobs, network, and attend interviews during the pending period. These preparations will help you land a job after you receive your CPT (Curricular Practical Training) as an F1 student.
4. Miscalculate or Miss the Start Date of Your New F1 Status
When filing for a change of status case, it is crucial to carefully consider the start date of your new F1 status in relation to your program's start date. If your F1 start date is after your program begins, you will miss that semester. Therefore you would have to communicate with your university to postpone your enrollment semester accordingly.
5. Confusing Mailing and Online Filing
There are two ways to submit your petition: by mailing or online filing. If you have a dependent who will change status with you, mailing allows you to include all applications in one package. However, while online filing is faster, it's not allowed in some cases, for example if you want to change your status from H1B to F1, you can only choose paper filing the Form I-539, as online filing is not an option for this case. Also, if you have dependent, online filing requires separate applications for each person. If you choose paper mailing, you can put multiple applications in one package. Therefore, it is important to understand the pros and cons of both methods. Check out our comprehensive guide to learn more about the pros and cons of both online and paper mailing.
Conclusion
To successfully change your status to F1, remember to avoid the following 5 common mistakes: misrepresenting your intent to change status; expressing any desire to remain in the U.S. after graduation, working during the pending period, miscalculating the start date of your new status; and confusing mailing and online filing. Being mindful of these common pitfalls can help ensure a smoother transition to F1 student status.